Page 4

Caitlin Prenzlow
1. California v. Greenwood

• Billy Greenwood was arrested for illegal substances .
• wanted to determined whether or not it was a legal search.
• the police went through his garbage that was on the curb to be picked up for trash day and they found illegal substances
• the supreme court ruled that it was legal and they didn't need a search warrant for the garbage because it is in plain view for everyone in the public to see.
• they also agreed that it was not in violation of the 4th ammendment.
• http://www.oyez.org/cases/1980-1989/1987/1987_86_684
• http://www.4lawschool.com/greenwood.htm

2. New Jersey v. TLO

• TLO was caught with drug paraphernalia in her purse.
• wanted to see if it was in violation of 4th and 14th ammendments.
• it wasn't and they said that the principal had the reasnableness to look in her purse because she had rolling paper in her purse.
• it was evident that she was in violation of the law with the drugs so they abandoned their requirement for probable cause.
• http://www.oyez.org/cases/1980-1989/1983/1983_83_712
• http://www.law.cornell.edu/supct/html/historics/USSC_CR_0469_0325_ZX1.html

3. Mapp v. Ohio

• dolree mapp was convicted of having illegal things in her house.
• they found these things when they illegally searched her house for a fugitive.
• the supreme court ruled that they couldnt use this evidence against her because they didn't have a search warrant.
• there also is an exclusionary rule.
• http://www.oyez.org/cases/1960-1969/1960/1960_236
• http://www.providence.edu/polisci/students/exclusionary_rule/c_summary.htm

4. Where is a search warrant necessary??

• a search warrant is necessary to get things related to a crime.
• you have to have probable cause to get one.
• a renters landlord needs the police to get a search warrant.
• http://en.wikipedia.org/wiki/Search_warrant#United_States

5. Where is a search warrant unnecessary??

• you dont need a warrant when you are in your car if the officer has probable cause.
• if anything is out it the open and visible to the public.
• if you give consent to a search of your things.
• a hotel room because it is not a house.
• a search incident to arrest.
• protective sweep search.
• http://en.wikipedia.org/wiki/Search_warrant#United_States
• http://www.landmarkcases.org/mapp/when.html

6. Exclusionary Rule:

• the exclusionary rule is when an illegal search and seizure happens.
• they will toss out the evidence because there was not a warrant when it took place.
• the only thing that prevents that from happening is if its in "good faith".
• "good faith" is when an officer thinks that the it is still in force or maybe it was a bad warrant but they belived it covered everything they got it is still included.
• a couple of examples of cases are Weeks v. U.S,, Mapp v. Ohio, Miranda v. Arizona, Terry v. Ohio
• http://www.guilford.edu/pages/modules/10000/depts/jps/exclusionaryrule.html
• http://legal-dictionary.thefreedictionary.com/Exclusionary+Rule
• http://www.legal-explanations.com/definitions/exclusionary-rule.htm